Website Terms and Conditions

These Terms and Conditions apply to the entire contents of this website under the domain name www.cornwallonview.com ("the Website") and to any correspondence by email between us and you. Please read these terms carefully before accessing the Website. The use of this Website indicates that you accept these terms and acceptance takes effect from the date of first access to the Website. If you do not accept these terms, do not use this Website.

• 1. Introduction

  • 1.1 The Website and all information and materials available on the Website have been prepared for access and use by persons in the United Kingdom. We do not represent or warrant that the information or materials contained on the Website complies with the regulatory regime of any other country.

  • 1.2 If you are accessing the Website from outside of the United Kingdom, you do so at your own risk and you are solely responsible for compliance with local laws.

  • 1.3 The Cornwall Enterprise Company ("the Company") reserves the right to modify, add or change these Terms and Conditions, the Privacy Policy, the Sale of Goods Terms or any other policies at any time and without notice. Any modifications, additions or changes will be effective from the time that they are posted on the Website. Your continued use of the Website will signify your acceptance of the modification, addition or changes.

• 2. Use of the Website

  • 2.1 The Website is intended to promote Cornwall and allow commercial entities to purchase photographs of Cornwall for use in business literature and other promotional materials. The Website may only be used by commercial entities, it is not open for use by consumers.

  • 2.2 You are permitted to view the Website and purchase photographs in accordance with sub-clauses 2.1 and 2.2 above and the Sale of Goods Terms.

  • 2.3 You will be able to access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register with us.

  • 2.4 When accessing the Website you shall not modify or alter the text or graphics in any way.

  • 2.5 You shall not copy, sell, lease, rent, licence, sublicence, grant any rights in, transfer, distribute, time-share or otherwise any part of this Website to any third party.

  • 2.6 In the event that you breach any of these terms and conditions, your permission to use the Website will automatically terminate and any downloaded or printed materials must be destroyed.

• 3. Intellectual Property Rights

  • 3.1 Unless otherwise stated, the copyright and other intellectual property rights in all materials on the Website (including without limitation, photographs and graphical images) are owned by the Company or its licensors.

  • 3.2 In accordance with the Sale of Goods Terms, any items purchased from the Website must include the Company’s copyright notice and acknowledgement of the photographer.

• 4. Access to the Website

  • 4.1 The Company shall use its best endeavours to ensure that the Website is available 24 hours a day, 7 days a week. However the Company will not be liable if for any reason the Website is unavailable at any time for any period.

  • 4.2 In the event of system failure, maintenance or repair or for reasons beyond the control of the Company, access to the Website may be temporarily suspended.

• 5. Visitor conduct and material

  • 5.1 With the exception of personal data, which is covered under the Privacy Policy, if you transmit or post any information to this Website it will be considered to be non-confidential and non-proprietary. The Company will have no obligations with respect to this information and will be free to copy, disclose, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes.

  • 5.2 The following must not be posted or transmitted to the Website:

    • 5.2.1 material which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;

    • 5.2.2 any material for which you have not obtained all necessary licences and/or approvals;

    • 5.2.3 any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

    • 5.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  • 5.3 You must not misuse the Website and this includes without limitation, by hacking or other means of gaining illegal or unauthorised access to other computers.

  • 5.4 The Company will co-operate fully with any law enforcement authority or court order requesting or directing the Company to disclose the identity of anyone posting any material in breach of paragraphs 5.2 and 5.3.

  • 5.5 In the event that your use of material contained on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

• 6. Third Party Access to the Website

  In the event that a third party has accessed the Website without authorisation and altered any of the content of the Website, the Company shall not be liable for any damage or loss resulting from the unauthorised access, alteration or modification to the Website.

• 7. Links to and from other Websites

  • 7.1 The Website contains links to other websites and these are provided solely for your convenience. The Company has not reviewed all of these websites and does not control and cannot take responsibility for the content and availability of these third party websites. The Company therefore, does not endorse or make any representation regarding the material on these third party websites. If you access any of the third party websites, you will be leaving this Website and you access the third party website entirely at your own risk.

  • 7.2 You may create a link to this Website on the basis that you link to, but do not replicate, the home page of the Website. Your right to link to the Website is subject to the following conditions:

    • 7.2.1 you do not remove, distort or otherwise alter the size or appearance of the Company's and other relevant logos;

    • 7.2.2 you do not create a frame or any other browser or border environment around this Website;

    • 7.2.3 you do not in any way imply that the Company is endorsing any products or services other than its own;

    • 7.2.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;

    • 7.2.5 you do not link from a website that is not owned by you; and

    • 7.2.6 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

  • 7.3 If you breach any of the terms in paragraph 7.2 above, the Company expressly reserves the right to take any action it deems necessary.

  • 7.4 You shall fully indemnify the Company for any loss or damage, suffered or incurred by the Company as a result of your breach of paragraph 7.2.

• 8. Registration

  • 8.1 Users of the Website may register with the Company in order to gain access to the shopping area [or other areas] of the Website.

  • 8.2 Each registration is for a single user. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

  • 8.3 The responsibility for the security of any passwords issued rests with you.

  • 8.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

  • 8.5 You can cancel your registration at any time by informing us in writing at angela.penrose@cornwallenterprise.co.uk. If you do so you will be unable to use the shopping area [other areas] of the Website.

  • 8.6 The suspension or cancellation of your registration and your right to use the Company’s Website shall not affect either party’s statutory rights or liabilities.

• 9. Disclaimer

  • 9.1 The Company will endeavour to ensure that the information on the Website is correct. The Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to products, services or prices described in it, at any time without notice. The material on the Website may be out of date and the Company makes no commitment to update such material.

  • 9.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).

• 10. Liability

  • 10.1 The Company or, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the materials on such websites.

  • 10.2 The Company shall not exclude or limit liability for:

    • 10.2.1 death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977);

    • 10.2.2 fraud;

    • 10.2.3 misrepresentation as to a fundamental matter; or

    • 10.2.4 any liability which cannot be excluded or limited under applicable law.

• 11. Privacy Policy

  • 11.1 All personal data submitted to the Website by visitors will be processed in accordance with the principles of the Data Protection Act 1998 and in line with our Privacy Policy. Links to other websites are not covered by our Privacy Policy and it is your responsibility to check the privacy statements when visiting third party websites.

  • 11.2 The proprietor of the Website is The Cornwall Enterprise Company, Level 4, Pydar House, Pydar Street, Truro, Cornwall, TR1 1EA. The Cornwall Enterprise Company is registered as a data controller with the Office of the Information Commissioner under registration number Z4931935.

• 12. Site Usage Information - Cookies and Log files

  The Company uses cookies and log files to record information regarding visits to the Website. The cookies and log files record a user's IP address and the pages that were visited. The information collected is used in accordance with the Data Protection Act 1998 and the Website Privacy Policy available at http://www.cornwallonview.com/privacy.php

• 13. The Padlock Symbol

  • 13.1 The Website contains a shopping area where you can purchase goods online. The shopping area is a secure site and is certificated as secure for financial transactions. The padlock symbol will be visible at the bottom of your screen whilst you are in the secure site.

  • 13.2 All payments shall be processed by PayPal and you will be transferred to a website belonging to PayPal where you will be asked to provide your payment details.

• 14. Feedback

  • 14.1 The Company welcomes any feedback and suggestions on what you would like us to publish on the Website. Please use the email address provided at the end of these Terms.

  • 14.2 In the event that you are experiencing any problems with a page on the Website, please contact us.

  • 14.3 For more information regarding the Company, please visit www.cornwallenterprise.co.uk

• 15. General

  • 15.1 These Terms and Conditions can only be varied in writing by the Company.

  • 15.2 You may not assign or transfer any of its rights or obligations under these Terms and Conditions. The Company reserves the right to assign, sub- licence or transfer any obligations under these Terms and Conditions to a third party.

  • 15.3 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force and if any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the intention of the Company.

  • 15.4 The headings in these terms and conditions are inserted only for convenience and shall not affect its construction.

  • 15.5 Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.

  • 15.6 These Terms and Conditions are governed by and construed in accordance with English Law. Any dispute arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.